Please note strict time stipulations are often contained in building contracts or apply where the Building and Construction Industry Security of Payment Act applies to the work.

Construction Contracts

The absence of a proper or complying building contract for Builders and Subcontractors can have serious adverse consequences on their ability to recover payment for works performed or costs associated with enforcing their rights.

We help clients understand and make effective Construction Contracts whatever the value of the project. For advice about a Construction Contract that you have been provided by another party call and speak to one of our Building & Construction Lawyers.

With our TradeSafe Contract solutions we make it easy for Subcontractors to implement standard form Quotations and effective Terms & Conditions of Trade. Our TradeSafe Contract solutions come with our Satisfaction Guarantee and will enable your business to:

Obtain security for payment of Progress Claims,

Avoid or reduce costs associated with disputes in connection with ambiguous or oral agreements,

Limit liability,

Recover legal costs associated with enforcement action, and

Enable your business to more easily serve valid Payment Claims under the Building and Construction Industry Security of Payment Act.

Call now to speak to a Construction Lawyer

Security of Payment Guide

Don’t get caught out or miss the opportunity to use the Security of Payment Laws when you need them most. Strict time limits apply!

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With the increasing use of emails both for communications and for sending and receiving documents, it is becoming common for businesses to send tax invoices by email. Perhaps in light of this growing trend, there have been some recent amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) in relation to […]

When I ask clients whether a written contract was in place or whether variations had been documented, too often I receive the following response “no there was no contract, we just agreed to it” or “I didn’t think it was necessary it was a small job“. Firstly, it is an incorrect assumption that just because […]

The tips in this article are intended for business owners planning to fit out commercial or retail premises and Landlords of premises leased to such businesses. Briefly, the relevance for the Landlord is simply that: if their Tenant gets caught out they may become insolvent and unable to pay rent before the Lease even begins, […]

In Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (23 December 2016), the NSW Court of Appeal unanimously held that the decision of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act“) is not subject to judicial review other than in cases […]

In a decision of great relevance to members of the building and construction industry, the High Court has provided some certainty in relation to when a valid Payment Claim may be issued under a construction contract and put to rest a debate that has gone on for some time in light of various legislative amendments […]

CAN it be done? SHOULD it be done? With the increasing use of emails for communications, it is becoming commonplace for businesses to send tax invoices to clients via email for payment. If the tax invoice relates to work performed under a construction contract, your business may have rights to prompt payment under the Building […]

The Home Building Act 1989 (“the Act“) places obligations upon contractors who contract directly with home owners to undertake residential building work. We have summarised these obligations in further articles contained on our website. See Introduction – Contracting Requirements under the Home Building Act. Consequences of contravening the Act Pursuant to Section 10 of the […]

The Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act“) is unlike any other law in the country (apart from its interstate equivalents). The purpose of the Act is to improve cash flow for contractors, suppliers and professionals in the building industry (“contractors“). It applies to contracts for the carrying out of […]

Construction Contracts made after 21 April 2014 All rights under the Security of Payment laws from the service of a valid Payment Claim. However, only a single Payment Claim may be issued in relation to each Reference Date. Subcontractors that were not previously familiar with the security of payment laws and who did not use […]

The Building & Construction Industry Security of Payment Act 1999 (NSW) is significant because it provides for the following consequences: Where a Subcontractor serves a Payment Claim (similar to a tax invoice) on a the other party and the other party does not provide a Payment Schedule (a response) within the relevant time, the other […]

As a result of the severe consequences of failing to provide a Payment Schedule in response to a valid Payment Claim a lot of the case law that has developed in relation to the Building & Construction Industry Security of Payment Act relates to when a Payment Claim is valid. This is because there can […]

The Building and Construction Industry Security of Payment Amendment Act (NSW) 2013 (‘the Amendment Act‘) contains important amendments to the Building and Construction Industry Security of Payment Act (NSW) 1999 (‘the Act‘). The Amendment Act will apply to all Construction Contracts entered into from 21 April 2014. Summary of Key Amendments The key amendments are: […]

All rights under the Building & Construction Industry Security of Payment Act flow from this service of a valid Payment Claim. In NSW, without limitation, a Payment Claim pay be served by: Delivering it to the person personally, Lodging it during normal office hours at the persons ordinary place of business, Sending it by post […]

The Building and Construction Industry Security of Payment Act 1999 (NSW) applies to almost everyone who works in the building and construction industry or who supplies related goods or services. This includes quantity surveyors, planning consultants, project managers, engineers, carpenters, electricians, painters, pest inspectors etc. However, it does not apply if you do work directly […]

Success Stories

The client was a medical professional who had engaged a builder to complete a commercial fit out of his new premises. The builder’s form of contract was poor. In addition, the builder had made pre-contractual representations to the effect that it had significant experience, would take care of everything and that the client didn’t need to worry about anything.

The client was a residential builder who had contracted to build a large residential premises for approximately $695,000. Shortly after the the works commenced the owner instructed the builder to perform a number of significant variation that meant that the cost of the works would increase by approximately $280,000.00.

The client was a design and construction company. The client had been engaged by a developer to design a commercial building. The contract documents were poor and broadly contemplated that the owner would only pay for the design work if the owner did not subsequently enter into a construction contract with the builder.

The clients were looking at new house and land packages with the view to purchase for their own residence. They met with a selling agent for a project home builder who showed them a site within a new subdivision and provided a promotional brochure showing a split level home that they were told could be built on the site for a cost of $230,000.00. The vacant land was for sale by the project home builder for $160,000.00.

Key Practice Contact

Sam Roberts

Testimonials

Tenacious approach that serves his clients well.

Sam and I have worked together on commercial disputes including those relating to the enforcement of contracts, breaches of contract, misleading and deceptive conduct, breaches of confidentiality and breaches of intellectual property rights. I have found Sam Roberts to be a competent and diligent legal practitioner with a tenacious approach that serves his clients well in legal disputation.”

Peter E Cullen, Barrister-at-Law, Sydney.

The quality of advice and results achieved have been greater than I originally expected.

“Sam Roberts has assisted our Company in relation to a range of issues relating to a large Property Development. The quality of advice and results achieved have been greater than I originally expected when our Company first made the move to Roberts Legal.”

TIA Properties Pty Limited

One of the biggest benefits of using Roberts Legal, as apposed to other firms, is that Sam and his staff are very contactable.

“Sam Roberts has assisted our Company in relation to a range of issues relating to a dispute…When I have a problem or need a legal answer it is important that I can get it quickly. One of the biggest benefits of using Roberts Legal, as apposed to other firms, is that Sam and his staff are very contactable.

I commend Roberts Legal’s approach to encouraging people to get it right up front, rather than wait until there’s a problem. It’s a breath of fresh air.

“I really like Sam Roberts’ article on Security of Payments. Too many commentators focus on the dispute provisions rather than the excellent process that Sam alludes to in his article. We are delighted to see contract clauses that encourage complying Payment Claims, as opposed to the current trend for “look around the corner” avoidance tactics. I commend Roberts Legal’s approach to encouraging people to get it right up front, rather than wait until there’s a problem. It’s a breath of fresh air. We strongly encourage all businesses in the building industry to insist on using a complying process as a business-as-usual practice to protect their entitlements. To this end we have developed a unique software solution to facilitate the process.”

John Lowry, DirectorThe Power Tool Pty Limited

Need an
answer fast?

For a no obligation
phone evaluation

by an Accredited Specialist in Commercial Litigation (Building & Construction). Call NOW